Keeping Our Honor Clean

Avenging himself to excess And slaughtering the guilty, guilty himself became. (Ovid as quoted in Hugo Grotius, De Jure Belle Ac Pacis Libri1) I understand the gist of Professor Yoo's argument is that Articles 4(A)(1) and 4(A)(3) of the Geneva Convention (III) Relative to the Treatment of Prisoners of War (“GPW”) are a codification of the prior customary international law that developed since the Brussels Convention of 1874. As a result, the 4(A)(2) definitional criteria (applicable to ‘other’ militias and members of ‘other’ volunteer corps) are to apply implicitly within the Article

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